LLW2602 Assignment 1 Semester 2 2026 - Due 14 August 2026

LLW2602
ASSIGNMENT 1
DUE DATE: 14 AUGUST 2026

, LLW2602 ASSIGNMENT 1 2026

DUE 14 AUGUST 2026



QUESTION 1

1.1. Which section of the Constitution of the Republic of South Africa, 1996,
guarantees freedom of association?



B. Section 18



Section 18 of the Constitution provides that "everyone has the right to freedom of
association". This is the general constitutional foundation for freedom of association,
while section 23 provides specific labour-related protections for workers and employers.



1.2. Freedom of association in labour law primarily means that employees have
the right to:



C. Join and participate in trade unions of their choice



Freedom of association in the employment context entails the right of workers to form
and join trade unions of their choice and to participate in their lawful activities. Section
4(1)(b) of the LRA provides that "every employee has the right to join a trade union,
subject to its constitution". Employees are not restricted to joining only one trade union
approved by the employer, nor does freedom of association mean they can refuse to
comply with workplace rules or negotiate only individual contracts.